1. A. When closing business activities, a registrant shall:

   1. (1) Dispose of all controlled dangerous substances in accordance with Regulation .16 of this chapter; and
   2. (2) Return the controlled substances registration certificate to the Office of Controlled Substances Administration inspector at the time of the closing inspection.

2. B. Change of Ownership.

   1. (1) A Change of Ownership requires the registrant to notify the Department in writing, Attention to the Office of Controlled Substances Administration.

   2. (2) The written notification shall be submitted:

      1. (a) In person;
      2. (b) By registered mail; or
      3. (c) By certified mail with a return receipt request.
   3. (3) The written notification must be received 14 days before the transfer occurs.
   4. (4) The Secretary has the authority to waive the 14-day time limitation in individual instances.

   5. (5) The written notification shall contain the following information:

      1. (a) The name;
      2. (b) The address;
      3. (c) The registration number; and

      4. (d) The authorized business activity of the:

         1. (i) Registrant-transferor discontinuing the business; and
         2. (ii) Registrant-transferee acquiring the business;

      5. (e) Whether the business activities will be:

         1. (i) Continued at the location registered by the person discontinuing business; or
         2. (ii) Moved to another location and, if so, the address of the new location; and
      6. (f) The date on which the transfer of controlled substances will occur.

   6. (6) Except for transfer denials by the Secretary, the registrant-transferor may distribute, without being registered to distribute, controlled substances in the registrant-transferor’s possession to the registrant-transferee in accordance with the following procedures, on the date of transfer of the controlled substances:

      1. (a) A complete inventory of all controlled substances being transferred shall be taken and serve as the final inventory of the registrant-transferor and the initial inventory of the registrant-transferee;
      2. (b) A copy of the inventory shall be included in the records of both the transferor and transferee;
      3. (c) A copy of the inventory shall be filed with the Department if requested by the Secretary;
      4. (d) Transfers of Schedule I or II controlled substances shall require the use of order forms in accordance with 21 CFR §1305;
      5. (e) All transferor-controlled substance records shall be transferred to the transferee; and
      6. (f) Pursuant to 21 CFR §1304, transferors are required to make reports, which shall be marked as “Final”.

Authority: Criminal Law Article, Title 5; Health-General Article, §21-220; Annotated Code of Maryland

Effective date: January 19, 1977 (4:2 Md. R. 87)

Regulation .03A amended effective December 17, 1984 (11:25 Md. R. 2134); February 17, 1992 (19:3 Md. R. 304); December 24, 2001 (28:25 Md. R. 2190)

Regulation .07E and J amended effective August 17, 1992 (19:16 Md. R. 1474)

Regulation .07H amended effective July 12, 1998 (25:14 Md. R. 1132)

Regulations .07N, R and .10B amended effective February 10, 1978 (5:3 Md. R. 138)

Regulation .08G amended effective March 30, 1992 (19:6 Md. R. 673)

Regulation .09A amended effective April 18, 1980 (7:8 Md. R. 771)

Chapter revised effective April 26, 2004 (31:8 Md. R. 646)

Regulation .03 repealed and new Regulation .03 adopted effective April 24, 2006 (33:8 Md. R. 732)

Regulation .03 amended effective January 1, 2016 (42:22 Md. R. 1377)

Regulation .13 adopted as an emergency provision effective October 18, 2011 (38:24 Md. R. 1495); adopted permanently effective December 26, 2011 (38:26 Md. R. 1697)

Regulations .01—.13 repealed and new Regulations .01—.20 adopted effective October 14, 2024 (51:20 Md. R. 899)